All terms

Legal Terms: C

Capital Crime

criminal

A crime punishable by death, such as first-degree murder with special circumstances.

Case Law

general

Law established through judicial decisions and court opinions, as opposed to statutes or regulations. Also called common law or judge-made law.

Cause of Action

civil procedure

A set of facts and legal theories that give a party the right to seek a judicial remedy against another party.

Cease and Desist

general

An order or letter demanding that a party stop an activity (such as trademark infringement) and refrain from resuming it.

Certiorari

civil procedure

A writ issued by a higher court directing a lower court to deliver the record of a case for review. The Supreme Court grants certiorari to hear appeals.

Chain of Custody

evidence

The documented chronological history of the handling, transfer, and location of physical evidence, ensuring its integrity for use at trial.

Challenge for Cause

civil procedure

A request to dismiss a prospective juror based on a demonstrated bias or inability to be impartial.

Chapter 11

bankruptcy

A form of bankruptcy that allows businesses to reorganize their debts and operations while continuing to operate.

Chapter 13

bankruptcy

A form of bankruptcy allowing individuals with regular income to create a 3-to-5-year repayment plan to pay off debts while keeping their property.

Chapter 7

bankruptcy

A form of bankruptcy involving liquidation of non-exempt assets to pay creditors, with remaining eligible debts being discharged.

Chattel

property

Personal property that is movable, as distinguished from real property (land and buildings).

Choice of Law

civil procedure

The determination of which jurisdiction's law applies to a dispute when the parties or events are connected to more than one jurisdiction.

Circumstantial Evidence

evidence

Evidence that requires an inference to connect it to a conclusion of fact, as opposed to direct evidence.

Citation

general

A reference to a legal authority (statute, case, regulation) or a notice to appear in court for a minor offense.

Civil Law

general

The body of law dealing with disputes between private parties, as opposed to criminal law. Encompasses contracts, torts, property, and family law.

Civil Rights

constitutional

The rights of individuals to receive equal treatment and be free from discrimination based on characteristics such as race, sex, religion, and national origin.

Claim

civil procedure

An assertion of a right to money, property, or a legal remedy; also, the legal basis for a lawsuit.

Class Action

civil procedure

A lawsuit brought by one or more plaintiffs on behalf of a larger group of similarly situated individuals.

Clear and Convincing Evidence

evidence

A standard of proof higher than preponderance of the evidence but lower than beyond a reasonable doubt, requiring evidence that is highly and substantially more probable to be true.

Clerkship

general

A position in which a recent law school graduate works for a judge, assisting with legal research, drafting opinions, and other judicial duties.

Related:judgecourt

Closing Argument

civil procedure

The final statement made by each attorney to the judge or jury, summarizing the evidence and arguments presented during trial.

Codicil

estate

A supplement or amendment to an existing will that modifies, explains, or revokes specific provisions without replacing the entire will.

Coercion

criminal

The use of force, threats, or intimidation to compel someone to act against their will.

Collateral

business

Property pledged as security for a loan or debt. If the borrower defaults, the lender can seize the collateral.

Related:mortgagelien

Collateral Estoppel

civil procedure

A doctrine preventing a party from relitigating an issue of fact that has already been determined in a prior proceeding. Also called issue preclusion.

Color of Law

constitutional

The appearance of legal authority. Actions taken under color of law are those performed by government officials using their official power.

Comity

general

The principle by which courts of one jurisdiction give respect and deference to the laws, judicial decisions, and institutions of another jurisdiction.

Commingle

business

To mix together, especially funds. Commingling personal and business funds can lead to piercing the corporate veil.

Common Carrier

business

A company or individual that transports goods or passengers for compensation, owing a heightened duty of care.

Common Law

general

Law developed by judges through court decisions and precedent, rather than through legislative statutes or executive action.

Community Property

family

A system of property ownership used in some states where assets acquired during marriage are considered equally owned by both spouses.

Commutation

criminal

The reduction of a criminal sentence by executive action, such as the governor or president reducing a prison term.

Comparative Negligence

tort

A legal doctrine that apportions fault among parties in a negligence case, reducing the plaintiff's recovery by their percentage of fault.

Compensatory Damages

tort

Money awarded to a plaintiff to compensate for actual losses suffered, including medical expenses, lost wages, and property damage.

Complaint

civil procedure

The initial pleading filed by the plaintiff that begins a civil lawsuit, setting forth the allegations and claims against the defendant.

Compliance

business

The act of conforming to laws, regulations, rules, and standards applicable to an individual or organization.

Compulsory Process

constitutional

The Sixth Amendment right of criminal defendants to subpoena witnesses to testify on their behalf.

Conciliation

civil procedure

A voluntary process in which a neutral third party helps disputing parties communicate and reach an agreement.

Concurrent Jurisdiction

courts

When two or more courts have the authority to hear the same type of case.

Concurrent Sentence

criminal

Criminal sentences served at the same time rather than one after another (consecutive).

Condemnation

property

The exercise of eminent domain — the government taking private property for public use with just compensation.

Consecutive Sentence

criminal

Criminal sentences served one after another rather than at the same time (concurrent).

Conservator

estate

A person appointed by a court to manage the financial affairs or personal care of an incapacitated adult.

Consideration

contracts

Something of value exchanged between parties to a contract, which makes the agreement legally binding. Can be money, services, or a promise.

Consolidation

civil procedure

The combining of two or more legal actions or businesses into a single proceeding or entity.

Conspiracy

criminal

An agreement between two or more persons to commit an unlawful act or to accomplish a lawful purpose by unlawful means.

Constitution

constitutional

The supreme law of the United States, establishing the structure of government, defining governmental powers, and protecting individual rights.

Constructive Discharge

employment

When an employer makes working conditions so intolerable that a reasonable employee would feel compelled to resign, treated legally as a termination.

Constructive Notice

property

Legal notice that a person is deemed to have received even if they did not actually receive it, because the information was publicly available.

Consumer Protection

general

Laws and regulations designed to protect buyers of goods and services from unfair, deceptive, or fraudulent business practices.

Related:ftcwarranty

Contempt of Court

courts

Willful disobedience of a court order or disruptive behavior in court, punishable by fines or imprisonment.

Contingency Fee

general

A fee arrangement where the attorney's payment depends on the outcome of the case, typically a percentage of the recovery.

Contract

contracts

A legally enforceable agreement between two or more parties, consisting of an offer, acceptance, consideration, capacity, and legality.

Contributory Negligence

tort

A common law doctrine barring a plaintiff from recovering damages if they were at all at fault for their own injury.

Conversion

tort

The wrongful exercise of control or dominion over another person's personal property, depriving them of its use.

Conveyance

property

The transfer of legal title to property from one person to another by means of a written instrument such as a deed.

Related:deedtitle

Coroner

criminal

A public official responsible for investigating deaths, particularly those that are sudden, unexplained, or suspicious.

Corporation

business

A legal entity separate from its owners (shareholders) that can enter contracts, own property, sue and be sued, and has perpetual existence.

Corpus Delicti

criminal

Latin for 'body of the crime.' The principle that a crime must be proven to have occurred before a person can be convicted.

Corroboration

evidence

Additional evidence that confirms or supports testimony or other evidence already presented.

Counterclaim

civil procedure

A claim made by the defendant against the plaintiff in the same lawsuit, asserting that the plaintiff owes the defendant.

Court Order

courts

A directive issued by a judge that requires a party to do or refrain from doing a specific act.

Covenant

property

A formal promise or agreement, often found in contracts and deeds. In real estate, restrictive covenants limit how property can be used.

Related:deedeasement

Creditor

bankruptcy

A person or entity to whom money is owed, either through a loan, sale of goods, or provision of services.

Related:debtorlien

Crime

criminal

An act or omission that violates a law and is punishable by the state through fines, imprisonment, or other penalties.

Criminal Law

criminal

The body of law that defines offenses against the state or public, establishes punishments, and governs the prosecution of those offenses.

Cross-Examination

evidence

The questioning of a witness by the opposing party's attorney, designed to test credibility and challenge testimony given during direct examination.

Cruel and Unusual Punishment

constitutional

Punishment prohibited by the Eighth Amendment, interpreted to include torture, disproportionate sentences, and degrading treatment.

Custody

family

The legal right and responsibility to care for a child, including physical custody (where the child lives) and legal custody (decision-making authority).